941.38 Criminal gang member solicitation and contact.

(1) In this section:

(a) “Child" means a person who has not attained the age of 18 years.

(b) “Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members:

1. Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 961.41 (1).

2. First-degree intentional homicide, as prohibited in s. 940.01.

3. Second-degree intentional homicide, as prohibited in s. 940.05.

4. Battery, as prohibited in s. 940.19 or 940.195.

5. Battery, special circumstances, as prohibited in s. 940.20.

5m. Battery or threat to witness, as prohibited in s. 940.201.

6. Mayhem, as prohibited in s. 940.21.

7. Sexual assault, as prohibited in s. 940.225.

8. False imprisonment, as prohibited in s. 940.30.

9. Taking hostages, as prohibited in s. 940.305.

10. Kidnapping, as prohibited in s. 940.31.

11. Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

12. Intimidation of victims, as prohibited in s. 940.44 or 940.45.

13. Criminal damage to property, as prohibited in s. 943.01.

13m. Criminal damage to or threat to criminally damage the property of a witness, as prohibited in s. 943.011 or 943.017 (2m).

14. Arson of buildings or damage by explosives, as prohibited in s. 943.02.

15. Burglary, as prohibited in s. 943.10.

16. Theft, as prohibited in s. 943.20.

17. Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owner's consent, as prohibited in s. 943.23.

18. Robbery, as prohibited in s. 943.32.

19. Sexual assault of a child, as prohibited in s. 948.02.

20. Repeated acts of sexual assault of the same child, as prohibited in s. 948.025.

21. A crime under s. 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, or 943.90 or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).

21m. Sexual assault of a child placed in substitute care under s. 948.085.

(2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony.

(3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor:

(a) The court finds that the person who is subject to the court order is a criminal gang member.

(b) The court informs the person of the contact restriction orally and in writing.

(c) The order specifies how long the contact restriction stays in effect.

History: 1993 a. 98, 227; 1995 a. 448; 1997 a. 143, 295; 2001 a. 109; 2005 a. 212, 277; 2007 a. 97.

NOTE: See 1993 Wis. Act 98, s. 9159, for a statement of legislative intent.

The definition in sub. (1) (b) is sufficiently specific that when incorporated into a probation condition it provides fair and adequate notice as to the expected course of conduct and provides an adequate standard of enforcement. State v. Lo, 228 Wis. 2d 531, 599 N.W.2d 659 (Ct. App. 1999), 98-2490.